CLAIM ON COMPANIES.

New Zealand Herald, Volume LXVII, Issue 20620, 19 July 1930, Page 12

CLAIM ON COMPANIES.

DISCOVERY OF DOCUMENTS. ARGUMENT IN APPEAL COURT. [r>Y TKLKGUA ph.—PRESS association-.] WELLINGTON. Friday. The Court of Appeal, consisting of run Chief Justice, Sir Michael Myers, and Justices Heed and Blair, to-day heard argument on appeal in a preliminary point in the case of Charles Rarngloam Clarke, of Wellington, waterside worker, against Ellerman, Bueknall and Company, Ltd., the Federal Steam Navigation Company and the New Zealand Shipping Company, Limited.

Tito case arises out of a claim Tiv Clarke for (I,images for injuries sustained while unloading a ship of which the first and second defendants were the owner and agent respectively. The stevedoring contract was in the hands of the. New Zeal.'ufid Shipping Company, which was not originally included as a defendant, hut was joined on the application of the other defendants.

Jhe New Zealand Shipping Company thereupon applied to the Court, for an older that the other defendants .should make discovery on oath as to the documents held l>y them relating to the matters in dispute in the action. An order was made on June 25 by Mr. Justice Reed. A motion has now been brought before the Court of Appeal for a review of that order.

Ihe question for tho decision of the Court is whether an order for discovery can properly be made in New Zealand oil the application of one defendant against other defendants.

At the. conclusion of argument judg inent was reserved.